"We have to provisionally implement the whole treaty." Ambassador Lynn
M. Hansen, |
THE LAST CRISIS: FINAL RATIFICATIONFollowing the Oslo conference, attention turned to completing ratification and exchanging final treaty documents at the CSCE summit in Helsinki on July 9-10, 1992. Of the 29 states that were party to the treaty, 11 had not ratified and deposited their instruments of ratification at The Hague as of mid-June. As stipulated by the treaty, entry into force would occur 10 days after all the states had deposited their ratification articles. Turkey ratified on June 18, Moldova on July 1, and Russia on July 8. Five other nations deposited their ratification articles on July 6, 8, and 9. That left three nations--Armenia, Belarus, and Kazakstan--that would not, or could not, act in time for the CSCE summit in Helsinki, slated for July 9-10. Treaty diplomats in Vienna viewed this inaction as disastrous; the 26 states that had completed ratification held more than 90 percent of the treaty's TLE, units, territory, and zones. Further delay might dissipate the momentum created in the past seven months. When Ambassador Hansen returned to Vienna from Osloin mid-June, he realized that the Helsinki summit might be held without a ratified CFE Treaty and no entry into force. "Near panic struck," he recalled. "One night, in the middle of the night, I concluded what we had to do. I said: `We have to provisionally implement the whole treaty.'"47 For a multinational, 29-nation treaty, this was a radical idea. The next day when Hansen called Washington and discussed the idea with U.S. international treaty lawyers, "They rejected it totally." Then, he recalled, "We had a bit of a screaming match."48 Hansen won; but the president and key U.S. senators had to approve the concept before U.S. officials could discuss it with the NATO allies and the other signatory nations. When the secretary of state, the president, and the senators approved, events moved swiftly. |
Over the next 10 days, Ambassador
Hansen and the other state negotiators in Vienna
explained, cajoled, and succeeded in persuading their
colleagues to accept the concept of provisional
implementation of the CFE Treaty. Meanwhile, new
documents were prepared in six languages for the 29
states to approve and sign in Helsinki. On July 10, 1992,
representatives of all state parties met in Helsinki for
the fourth extraordinary conference on the CFE Treaty.
They signed three documents. In the first, the individual
states agreed to provisionally implement the CFE Treaty.
In the second, the individual states affirmed the
relationship between the CFE Treaty and the CFE 1A
agreement, officially titled: The Concluding Act of the
Negotiations on Personnel Strength of the Conventional
Armed Forces in Europe. Essentially, CFE 1A was a
"political" statement by each of the treaty
states declaring that they would not exceed self-imposed
limits on military manpower strength. The limits were, in
fact, quite high. Consequently, the treaty's national
manpower figures were not as significant as the fact that
they were declared in a politically binding treaty. These
figures were subject to monitoring and questioning, and
if exceeded, the guilty states would be subject to
international censure. This was the first time in the
twentieth century that the European nations, acting
collectively, had agreed to limits on their national
military forces. In the third document, each signatory
state declared it would provisionally implement the CFE
1A Concluding Act. Then, and only then, could treaty
implementation begin.49 These actions set the clock running on entry into force, but they did not complete the formal ratification process. Armenia deposited its ratified CFE Treaty instruments at The Hague on October 12, 1992. Belarus and Kazakstan completed the group of original states by depositing their instruments of ratification on October 30. Ten days later, on November 9, the CFE Treaty and the CFE 1A Concluding Act officially entered into force.50 SUMMING UPIt had taken 24 months--November 1990 to November 1992--to move from treaty signature through the national ratifications to official entry into force. Along the way a series of treaty-related crises had been resolved: TLE relocations, resubordinations, reclassifications, new state parties, redistribution of the former USSR's entitlements and obligations, and new national manpower ceilings. But the larger, more serious crisis of the Soviet Union's collapse struck at the existence of the CFE Treaty. In the face of turmoil and revolution, German, French, American, Russian, British, and Central European leaders and diplomats had fought hard to retain the treaty. Throughout these difficulties, the CFE Treaty retained its importance for the future of Europe. With treaty operations about to start, attention turned to the national inspection agencies and their inspectors who would monitor the treaty, and the military services that would reduce and account for thousands of items of treaty-limited equipment. For the United States, the On-Site Inspection Agency had the mission of conducting the CFE Treaty inspections and escorts. During the long and arduous two-year ratification process, OSIA's European Operations Command underwent what Colonel Lawrence Kelley, Chief of Operations, called "Standing Up the Unit." |
Table 3-4. CFE Treaty Original State Parties |
State | Ratified | Deposited |
Czechoslovakia | 19 July 1991 | 5 August 1991 |
Hungary | 9 September 1991 | 4 November 1991 |
Netherlands | 6 November 1991 | 8 November 1991 |
Bulgaria | 13 September 1991 | 12 November 1991 |
United Kingdom | November 1991 | 19 November 1991 |
Canada | 7 November 1991 | 22 November 1991 |
Poland | 22 November 1991 | 26 November 1991 |
Norway | 29 November 1991 | 29 November 1991 |
Belgium | November 1991 | 17 December 1991 |
Germany | December 1991 | 23 December 1991 |
Iceland | 14 December 1991 | 24 December 1991 |
Denmark | December 1991 | 30 December 1991 |
Luxembourg | 19 December 1991 | 22 January 1992 |
United States | 26 December 1991 | 29 January 1992 |
France | 16 March 1992 | 24 March 1992 |
Romania | NA | 21 April 1992 |
Italy | 21 December 1991 | 22 April 1992 |
Spain | 26 February 1992 | 1 June 1992 |
Georgia | NA | 6 July 1992 |
Moldova | 1 July 1992 | 6 July 1992 |
Greece | 28 May 1992 | 8 July 1992 |
Turkey | 18 June 1992 | 8 July 1992 |
Azerbaijan | NA | 9 July 1992 |
Ukraine | NA | 9 July 1992 |
Portugal | NA | 14 August 1992 |
Russia | 8 July 1992 | 3 September 1992 |
Armenia | NA | 12 October 1992 |
Belarus | 21 October 1992 | 30 October 1992 |
Kazakstan | NA | 30 October 1992 |